ISLAMABAD:The Islamabad High Court (IHC) on Friday set aside a sessions court’s verdict declaring the Toshakhana reference against Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan as maintainable for criminal proceedings.
The reference was filed by the Election Commission of Pakistan (ECP). The IHC Chief Justice Aamer Farooq also ordered the sessions court to decide the matter again after hearing the case anew.
The court, however, rejected Imran Khan’s appeal to transfer the case to another court. The court also issued a notice for next week on the appeal to restore the right of defence to the accused.
The court also directed the Federal Investigation Agency (FIA) to inquire into the matter of certain alleged posts on the session judge’s Facebook account, involve everyone concerned in the matter and furnish a report to the IHC deputy registrar within a fortnight.
Additional sessions judge Humayun Dilawar had last month declared that the ECP reference against the PTI chairman was maintainable. The decision was subsequently challenged in the IHC. A day earlier, the IHC had reserved its verdict on a set of petitions filed by Imran Khan.
The petitions included the application against the maintainability of the complaint seeking criminal proceedings, a petition seeking the transfer of the said case to another trial court and a third petition filed the same day seeking the right to defence in the case.
The charges were framed against Imran Khan on May 10. However, IHC Chief Justice Aamer Farooq had stayed the proceeding and directed additional sessions judge Humayun Dilawar to re-examine the matter in seven days, keeping in view eight legal questions he framed to decide the maintainability of the reference.
The questions had included whether the complaint was filed on behalf of the ECP by a duly authorised person, whether the ECP’s decision of Oct 21, 2022, was a valid authorisation to any officer of ECP to file a complaint, and whether the question of authorisation was a question of fact and evidence and could be ratified subsequently during the course of proceedings.
The case, filed by ruling party lawmakers, is based on a criminal complaint filed by the ECP. The case alleges that Imran had “deliberately concealed” details of the gifts he retained from the Toshaskhana during his time as the prime minister.
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